FCC Record, Volume 28, No. 14, Pages 10740 to 11616, July 23 - August 6, 2013 Page: 10,769
viii, 10740-11616 p. ; 28 cm.View a full description of this book.
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Optic of the complaint and Optic responded on February 27, 2012.12 Optic states that
authorization was received and confirmed through third party verification (TPV). The
Commission's rules require that the verification elicit, amongst other things, confirmation that
the person on the call is "authorized to make the carrier change." 3 In the TPV at issue in this
case, the verifier instead asks the person on the call, "You are older than 18 and the owner of the
account or authorized on the account to make changes to the account. Correct?" A switch from
one carrier to another carrier differs from merely making changes to the customer's phone
services; in this case, the verifier has not elicited confirmation that the person is authorized to
make a carrier change.14 As we emphasized in the Fourth Report and Order, "any description of
the carrier change transaction...must not be misleading" and verifiers must convey explicitly that
"the consumers will have authorized a carrier change, and not, for instance, an upgrade in
existing service."" We find that Optic's actions were in violation of our carrier change rules, and
we discuss Optic's liability below.'6
5. Pursuant to Section 64.1170(b) our rules, Optic must forward to AT&T an amount
equal to 150% of all charges paid by the subscriber to Optic along with copies of any telephone
bills issued from Optic to the Complainant.'7 Within ten days of receipt of this amount, AT&T
shall provide a refund or credit to Complainant in the amount of 50% of all charges paid by
Complainant to Optic. Complainant has the option of asking AT&T to re-rate Optic charges
based on AT&T rates and, on behalf of Complainant, seek from Optic, any re-rated amount
exceeding 50% of all charges paid by Complainant to Optic. Optic must also send a notice to the
Commission, referencing this Order, stating that is has given a refund or credit to Complainant. 18
If AT&T has not received the reimbursement required from Optic within 45 days of the release
of this Order, AT&T must notify the Commission and Complainant accordingly. AT&T also
must notify the Complainant of his or her right to pursue a claim against Optic for a refund of all
charges paid to Optic.'9
1 Optic's Response to Informal Complaint No. IC 12-S3319630, received February 27, 2012.
3 See 47 C.F. R. 64.1120(c)(3)(iii).
Cf Consumer Telcom, Inc., Order on Reconsideration, 27 FCC Red 5340 (CGB 2012) ("the
verifier's question, 'Do you have authority to make changes to your long distance service?' did not confirm that the
person was authorizing a change that would result in receiving service from a different carrier").
's Fourth Report and Order, 23 FCC Rcd 493 (2008) (emphasis added); 47 C.F.R.
64.1120(c)(3)(iii).
16 If Complainant is unsatisfied with the resolution of this complaint, Complainant may file a
formal complaint with the Commission pursuant to Section 1.721 of the Commission's rules, 47 C.F.R. 1.721.
Such filing will be deemed to relate back to the filing date of Complainant's informal complaint so long as the
formal complaint is filed within 45 days from the date this order is mailed or delivered electronically to
Complainant. See 47 C.F.R. 1.719.
S See 47 C.F.R 64.1170(b)(1)(2).
18 See 47 C.F.R. 64.1170(c).
S See 47 C.F.R. 64.1170(e).10769
Federal Communications Commission
DA 13-1610
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 14, Pages 10740 to 11616, July 23 - August 6, 2013, book, August 2013; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc272131/m1/44/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.